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IN RE: DONALD J., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about October 26, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed acts which, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree, attempted assault in the third degree and menacing in the third degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). There is no basis for disturbing the court's determinations concerning credibility. Appellant's course of conduct before, during and after the robbery, including the fact that he assisted his companion in blocking the victim's path, was inconsistent with that of a mere bystander and established his accessorial liability (see e.g. Matter of Wade F., 49 N.Y.2d 730, 426 N.Y.S.2d 263, 402 N.E.2d 1164 [1980]; Matter of Marc H., 284 A.D.2d 211, 726 N.Y.S.2d 550 [2001]; Matter of Taalib B., 273 A.D.2d 27, 708 N.Y.S.2d 404 [2000], lv. denied 95 N.Y.2d 764, 716 N.Y.S.2d 38, 739 N.E.2d 294 [2000] ).
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Decided: January 10, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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